BADRILAL Vs. RAMPYARI

JUDGEMENT

(1.) One set of defendants, consisting of defendants Nos. 2 to 9, has come up in appeal, aggrieved by the judgments and decrees of the two courts below, directing the suit filed by the plaintiff/ respondents Nos. 1 to 4 to be decreed in part granting a decree of declaration of title with respect to the part of the suit property, also declaring plaintiffs' entitlement to take water from the two wells proportionate with certain shares. The trial Court has held that the four plaintiffs with Mangilal, the defendant No. 1 are Bhumiswamis of the land described in para 12(a) of the plaint, also entitled to have their names mutated in the revenue papers accordingly, that the plaintiffs are entitled to take water from the well S. No. 164 to the extent of 1/4th; that S. No. 443 area 3 acres 8 decimal had fallen to the share of the plaintiffs and Mangilal the defendant No. 1 and they were the Bhumiswamis entitled to have their name mutated in the revenue papers; that the plaintiffs were also entitled to take water from the well S. No. 419 to the extent of 3/8th. As to land S. No.163 and S. No. 155/1968, the suit filed by the plaintiffs seeking separate possession by partition and recovery of mesne profits has been directed to be dismissed.

(2.) The following is the family tree of the parties which has not been disputed: - Thus the dispute is mainly between the heirs of late Mukund on the one side and the heirs of late Sitaram on the other side. The defendants Nos. 10 to 17 are the collaterals of these parties.

(3.) There were two agricultural holdings in the family. One of the holdings consisted of 25.84 acres, situated at village Rajoda and known as Ryotwari Khata. The land forming part of this Ryotwari Khata is not subject-matter of dispute between the parties though a reference may be required to be made to it hereinafter and that is why this fact is being mentioned. There is another holding consisting of 51-32 acres situated at village Rajoda and known as Khata haq malikana which is the subject-matter of dispute. The details of the land forming part of Khata haq Malikana are given in para 10 of the plaint. The survey numbers, the area and the location of the land are not in dispute.